Towards Consistency in International Investment Jurisprudence PDF Download

Author: Katharina Diel-Gligor
Publisher: BRILL
ISBN: 9004337911
Category : Business & Economics
Languages : en
Pages : 614

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Book Description
Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.

Author: Ioana Tudor
Publisher: Oxford University Press, USA
ISBN: 0199235066
Category : Business & Economics
Languages : en
Pages : 348

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Book Description
This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.

Author: Roberto Echandi
Publisher: Cambridge University Press
ISBN: 1107035864
Category : Law
Languages : en
Pages : 495

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Book Description
Addresses the most central debates in contemporary investment law and policy.

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446675
Category : Law
Languages : en
Pages : 350

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Book Description
The growing acceptance of the concept of transnational rules, be they substantive or procedural, has directly contributed to a substantial decrease of the influence of local norms. Transnational principles often override domestic law, and the arbitral process sometimes takes precedence over court decisions. Moreover, the exceptional development of investment arbitration has called into question traditional values of commercial arbitration such as confidentiality and the privity of arbitral proceedings. Widespread publication of awards rendered has also rejuvenated the debate on the value of arbitral awards as precedents. This book critically explores the extent to which these phenomena contribute to the creation of a truly uniform international arbitration law.

Author: Steffen Hindelang
Publisher: Oxford University Press
ISBN: 0191058289
Category : Law
Languages : en
Pages : 497

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Book Description
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Author: Katharina Diel-Gligor
Publisher:
ISBN: 9789004337909
Category : International commercial arbitration
Languages : en
Pages : 0

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Book Description
In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the problem of inconsistent arbitral decision-making, with a focus on ICSID arbitration. After analysing the causes, forms, and manifestations of inconsistencies, she proposes a preliminary ruling system as a means of reform.

Author: Zachary Douglas
Publisher: Oxford University Press, USA
ISBN: 019968538X
Category : Law
Languages : en
Pages : 586

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Book Description
Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.

Author: Hege Elisabeth Kjos
Publisher: Oxford University Press
ISBN: 0199656959
Category : Law
Languages : en
Pages : 343

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Book Description
Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.

Author: José E. Alvarez
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186824
Category : Law
Languages : en
Pages : 505

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Book Description
This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial “empire” imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (“treatification”), growing risks to the law’s consistency (“fragmentation”), and the proliferation of forms of international adjudication (“judicialization”). Professor Alvarez also considers whether the regime’s efforts to “balance” the needs of non-State investors and sovereigns ought to be characterized as “global administrative law”, as a form of “constitutionalization”, or as an increasingly human-rights-centred enterprise.

Author: Irmgard Marboe
Publisher: Oxford International Arbitrati
ISBN: 9780198749936
Category : Law
Languages : en
Pages : 0

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Book Description
Introduction --The Function of Compensation and Damages --Valuation Standards and Criteria --International Standards, Bases of Value, and Valuation Approaches --Methods of Valuation in International Practice --Interest --Conclusions.